High Court of Gujarat

NAYAK KAMLESHBHAI BUDHABHAIversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The court held that the police must set the corpus free, and the petition stands disposed.

Summary

The petitioner, Nayak Kamleshbhai Budhabhai, filed a special criminal application for a writ of habeas corpus seeking the production of a woman (the corpus) who was allegedly being confined by the respondents. The corpus and petitioner were in a live-in relationship, and her statement to the Devgadh Baria Police on 17-12-2025 asserted that she was being held against her will. The court examined the police report and the corpus's declaration, finding no justification for her continued detention. It held that the police authority must set the corpus free, allowing her to live with the petitioner. Consequently, the petition was disposed of.

Issues considered

Whether the police authority is justified in detaining the corpus alleged to be confined by the respondents
Whether the petitioner is entitled to a writ of habeas corpus for the production and release of the corpus

Subjects

habeas corpuslive-in relationshippersonal libertypolice detentionwrit of production of corpushigh court order

Judgment

          R/SCR.A/57/2026                                                             ORDER DATED: 19/01/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 57 of
                                 2026
  ==========================================================
                                 NAYAK KAMLESHBHAI BUDHABHAI
                                            Versus
                                   STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance:
  HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1
  NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4,5
  MR ROHAN SHAH APP for the Respondent(s) No. 1
  ==========================================================

       CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
             and
             HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                 Date : 19/01/2026

                                   ORAL ORDER
                    (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


  1.        This petition is filed for issuance of writ for production of corpus.


  2.        The petitioner and the corpus are living in live-in-relationship. The
  statement recorded by Devgadh Baria Police dated 17.12.2025 (Annexure – B,
  page-11) is self explanatory . The corpus produced by the police being asked
  about her confinement by the respondents. She stood firm in her version
  disclosed before the police in the form of her statement as referred above.


  3.        In such circumstances, the police authority shall set free the corpus and
  she is free to live with the applicant.


  4.        With this observation, petition stands disposed of.
                                                                                              (ILESH J. VORA,J)



                                                                                           (R. T. VACHHANI, J)
  P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 19/01/2026 15:16:51

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